Moore, 082019 ALAGO, AGO 2019-41

• Case Date: August 20, 2019
• Court: Alabama

Honorable Sarah H. Moore AGO 2019-41 No. 2019-041 Alabama Attorney General Opinion State of Alabama Office of the Attorney General August 20, 2019          Honorable Sarah H. Moore          Executive Director          Alabama State Board of Medical Examiners          848 Washington Avenue          Montgomery, Alabama 36104          Medical Examiners, Board of -Physicians - Licenses and Permits -Interstate Compacts          A physician may only reinstate an inactive Alabama medical license to active status by following the provisions in sections 34-24-337(d) through (j) of the Code of Alabama.          Dear Ms. Moore:          This opinion of the Attorney General is issued in response to your request on behalf of the Alabama State Board of Medical Examiners.          QUESTION          May a physician reinstate an inactive Alabama medical license by applying for a license through the Interstate Medical Licensure Compact or is the physician required to adhere to the provisions in sections 34-24-337(d) through (j) of the Code of Alabama?          FACTS AND ANALYSIS          Pursuant to section 34-24-337(d), a physician's Alabama medical license may be rendered "inactive" by the failure of the licensee to renew and pay a registration fee. Ala. Code § 34-24-337(d) (2010). Should a license become inactive, the provisions of sections 34-24-337(d) through (j) address the steps and procedures necessary for reinstating the license to "active" status. Ala. Code § 34-24-337(d)-(j) (2010). These steps include a criminal background check and an opportunity for the Board of Medical Examiners ("Board") to contest reinstatement. A physician retains a property interest in an inactive license, as evidenced by the requirement that a due process hearing be held before any denial of reinstatement. Ala. Code § 34-24-337(e) (2010).          The Interstate Medical Licensure Compact ("IMLC") was enacted in Alabama in 2015 to provide a streamlined process for physicians to become licensed in multiple states. The IMLC is codified...